NSW Any Property Settlement Opinions?

[Sommai]

Been married for about 1/2 years to a Thai woman. Things aren't going as good as they should be. Will try to make it work though. In no big rush to disolve our marriage as yet, however, I have some questions to be asked:

1. I have two units - one fully paid for & the other with mortgage - all before she was on the scene. Would I have problems getting her to vacate my premises?

2. She is just short of 60 years old - what would she be entitled to in terms of property settlement in say up to 4 years of marriage?

3. I feel a little wrong asking this but are there ways of legally making assets smaller or opinions given by people with experience which would be beneficial?

 

[Lance]

Hi Sommai,
I take it the properties are in Australia and you both reside in Australia? I'm not sure anyone on here can give you a true indication of exactly what your wife's entitlements would be because there are a lot of factors that would affect the split. Noting that your wife is nearly 60, they would also need to look at her prospects of future earnings which wouldn't be great I imagine. Your best bet is to talk with a family lawyer who can assess you individual situation. That said even now your wife would likely have an interest in you properties regardless of you owning them prior to the marriage and so the question about having her vacate the family home becomes very complicated. I don't like your chances. I'm not sure if there are things you can do to protect assets now because she probably already has an interest in them and could probably place a caveat on the properties. But then she would need to know that to be able to do it.

 

[sammy01]

I kind of disagree. Very short marriage - each party takes out what they put in.... BUT is she a permanent resident? did you meet her in Australia?

 

[Sommai]

I kind of disagree. Very short marriage - each party takes out what they put in.... BUT is she a permanent resident? did you meet her in Australia?

No she has not got permamemt residemcy as yet however probably will have by the time i move on this ,as i,m mot exactly sure what i,m going to do

 

[Sommai]

No she has not got permamemt residemcy as yet however probably will have by the time i move on this ,as i,m mot exactly sure what i,m going to do

Also like to point out its 11/2 years we,ve been married It took a year to get her here though thanks for your reply

 

[Sommai]

Hi Sommai,
I take it the properties are in Australia and you both reside in Australia? I'm not sure anyone on here can give you a true indication of exactly what your wife's entitlements would be because there are a lot of factors that would affect the split. Noting that your wife is nearly 60, they would also need to look at her prospects of future earnings which wouldn't be great I imagine. Your best bet is to talk with a family lawyer who can assess you individual situation. That said even now your wife would likely have an interest in you properties regardless of you owning them prior to the marriage and so the question about having her vacate the family home becomes very complicated. I don't like your chances. I'm not sure if there are things you can do to protect assets now because she probably already has an interest in them and could probably place a caveat on the properties. But then she would need to know that to be able to do it.

 

[Sommai]

Thanks for your reply Lance talking to solicitors 600 a pop hour &i not exactly sure where i,m at ?at the moment However i did read that if youur name is on the deed singarly its good to have her move out??